Establishment Clause - Law Dictionary Search Results
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establishment clause often cap E&C : a clause in the U.S. Constitution forbidding Congress from establishing a state religion see also Amendment I to the Constitution in the back matter compare free exercise clause ...
separation of church and state
separation of church and state :the separation of religion and government mandated under the establishment clause and the free exercise clause of the U.S. Constitution that forbids governmental establishment or preference of a religion and that preserves religious freedom from governmental intrusion ...
free exercise clause
free exercise clause often cap F&E&C : the clause in the First Amendment to the U.S. Constitution prohibiting Congress from making any law prohibiting the free exercise of religion see also freedom of religion compare establishment clause ...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
establish
establish 1 : to institute (as a law) permanently by enactment or agreement [we the people of the United States…do ordain and this Constitution "U.S. Constitution preamble"] 2 : to make firm or stable 3 : to bring into existence : found [Congress shall have power…to post offices and post roads "U.S. Constitution art. I"] ;specif : to found (a national bank) pursuant to a charter 4 : to make (a church) a national or state institution see also establishment, establishment clause 5 : to put beyond doubt : prove 6 : to place in a position of being accepted or followed [a rule ed by case law] ...
Set up and established
Set up and established, the word 'set up' in clause (xxi) of s. 5(1) of the Wealth Tax Act, 1957, is equivalent to the word 'established', but operations for establishment cannot be equated with the establishment of the unit itself or its setting up, Commissioner of Wealth Tax v. Rama Raju Surgical Cotton Mills Ltd., AIR 1967 SC 509 (511): (1967) 1 SCR 761....
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Local Employment Exchange
Local Employment Exchange, means--(a) in the whole of India except the Union territory of Chandigarh that Employment Exchange (other than the Central Employment Exchange) notified in the Official Gazette by the State Government or the Administration of the Union territory as having jurisdiction over the area in which the establishments concerned is situated or over specified classes or categories of establishments or vacancies; and(b) in the Union territory of Chandigarh that Employment Exchange established either by the Union territory Administration of Chandigarh or by the State Government of Punjab or Haryana notified in the States respective Official Gazette as having jurisdiction over specified clauses or categories of establishments, or vacancies, provided that the employment exchanges established by the State Government of Punjab or Haryana shall not have jurisdiction over--(i) the public sector offices/establishments other than those belonging to the respective States; and(ii) ...
Rule
Rule, is made in exercise of a power conferred by any enactment; also includes a regulation made as a rule under any enactment. [General Clauses Act, 1897, s. 3(51)]Rule, made under an Act having statutory force, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.Means an order or directive issued by a court in a particular proceeding especially upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed, People v. District Court, 797 P 2d 1259 (1990).Rule, under clause [51] of s. 3 of the General Clauses Act, 1897 'rule' means a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment, Sukhdev Singh v. BhagatramSardar Singh Raghuvanshi, AIR 1975 SC 1331: (1975) 1 SCC 421: (1975) 3 SCR 619.Rule shall means a rule made in exercise of a power conferred by any enactment and shall include a regulatio...
Picketing
Picketing [fr. piquet Fr., a diminutive of pique a pike]. In its legal sense this word means the stationing of men to watch and accost workmen passing between their homes and place of employment in order thereby to induce them to come out on strike, or to remain on strike. Such proceeding is to some extent legalized by the (English) Trade Disputes Act, 1906 (6 Edw. 7, c. 47), s. 2 (1) of which is as follows:-2. (1) It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating informa-tion, or of peacefully persuading any person to work or abstain from working.But the right of picketing is limited to peaceful attendance, and by the (English) Trade Disputes and Trade Union...
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